Experienced Criminal Defense Lawyer

Is it possible to lift a restraining order?

On Behalf of | Oct 8, 2021 | Criminal Defense |

Perhaps your partner has decided to end your relationship and seeks to restrict your ability to spend time with your child. You have received a notice of a hearing concerning the restraining order. You have no idea what this includes, and you wonder if it is possible to cancel or lift the order.

If you are facing this or a similar situation, here is what you need to know about lifting a restraining order.

About the court order

When the court issues a restraining order, you, as the respondent, become the Restrained Person. The notice you received must give you a reasonable amount of time to prepare for a hearing where you can voice your thoughts. The person who took out the order, or the Protected Person, can check various points on the order:

  • Stay away: You must not enter the home, workplace or school of the Protected Person
  • Do not disturb: You cannot disturb their peace
  • Do not hurt or threaten: You cannot harass, stalk, assault or molest the Protected Person

Removal of the restraining order

Your partner requested a restraining order against you ostensibly in the belief that you were a credible threat to his or her safety and the safety of your child. The restraining order may remain in place for up to a year. However, your partner can file a petition to have it lifted. Your attorney can also work on your behalf to have the order modified or removed so you can get on with your life and enjoy spending time with your child once again.

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